Understanding what constitutes an attempted crime is vital, as it can significantly impact both the charges and the consequences faced by individuals. At ATAC LAW we will discuss the essentials of NRS 193.330, offering invaluable insights for anyone seeking to comprehend the legal boundaries of criminal attempts in Nevada.
What Defines an Attempted Crime?
An attempt at a criminal act refers to situations where an individual initiates the process of committing a crime but does not manage to see it through to completion. In legal terms, such actions can’t lead to charges for the fully realized crime, but rather, lead to charges related to the attempt itself.
This type of offense is known as an “inchoate” offense, signifying that the crime is still undeveloped or incomplete. The Nevada Supreme Court describes an attempted offense as meeting the following criteria:
1. There exists a deliberate intent to perform a criminal act,
2. Actions are taken that move unmistakably toward the execution of that criminal act,
3. Despite these actions, the actual crime is not carried out.
Planned crimes might be derailed for various reasons, including flawed execution strategies, unforeseen complications, second thoughts, or the prompt response of police authorities.
What Actions Are Considered Sufficient to Constitute an Attempt at a Crime?
Determining how much action constitutes an attempt in legal terms revolves around the concept that the individual must have taken a “substantial step” towards committing the crime, after having formed the intent to carry it out. This “substantial step” must be more than just preparation; it needs to clearly indicate that the crime will indeed take place unless intervened.
In legal practice, what qualifies as a “substantial step” can vary and is subject to interpretation. Importantly, mere thoughts or plans to commit a crime, without action, do not satisfy the criteria for an attempted crime.
How Do the Concepts of Attempt and Conspiracy Differ in Criminal Law?
Attempt and conspiracy are distinct notions within criminal law:
An attempt signifies the act where an individual makes a conscious effort to execute a crime, but for some reason, fails to complete it. These failures could be a result of unforeseen circumstances, the individual’s change of heart, or from being caught in the act.
On the other hand, conspiracy involves a situation where at least two individuals form an agreement to perpetrate a crime. What makes this unique is that the crime doesn’t necessarily have to be carried out for a conspiracy charge to apply. Even if no further steps are taken after the agreement, the individuals can still be held legally accountable for conspiracy.
Can You Go to Prison for an Attempt?
In the State of Nevada, the penalties for an attempt to commit a crime are generally less severe than those for the completed offense. However, the precise punishment depends on the category of the crime that was attempted.
According to NRS 193.330, the sentence for an attempted crime is typically one category lower than the underlying offense. For example, if someone attempts to commit a Category B felony, they may be punished as though they committed a Category C felony.
Category B Felony Attempt: If the original offense is a Category B felony, attempting to commit this crime might result in penalties consistent with those for a Category C or D felony, involving lesser prison time and possibly fines.
Category C Felony Attempt: Attempting a Category C felony may be punishable with penalties that align with a Category D felony, which could include 1 to 4 years in prison and fines up to $5,000.
Category D Felony Attempt: An attempt at a Category D felony might be punished similarly to a Category E felony, potentially leading to 1 to 4 years in prison and fines.
The statute provides a structured framework for determining the sentence based on the severity of the attempted crime. Therefore, depending on the circumstances and the category of the offense attempted, you may receive a prison sentence that corresponds to the next lower category of offense. It’s important to note that specific statutes may prescribe different penalties for certain attempted crimes.
What Are the Possible Defenses Against Charges of Attempted Crime?
When faced with charges of attempted crime, there are several defenses that can be utilized to counter the allegations. Here are the three common defenses presented against charges of attempted crime:
1. Lack of Intent: To be convicted of an attempted crime, the prosecution must show that the accused had a firm intention to commit the offense.
2. Insufficient Actions for an Attempt: For an action to be classified as an attempt, it must go beyond mere preparation and move towards the execution of a crime.
3. Abandonment of the Attempt: If an individual can show they voluntarily and completely abandoned their attempt to commit a crime before it could be carried out, this may serve as a defense.
It’s important to note while “impossibility of carrying out the crime” is often not a viable defense in many jurisdictions. Under Nevada law, the focus is on the person’s intention and the steps they took towards committing the crime, irrespective of whether the crime was ultimately possible to commit. For instance, someone attempting arson by igniting a match and throwing it into a building that turns out to be non-flammable could still face attempted arson charges. The determination hinges on the individual’s intent to commit arson and the action taken, not on the actual possibility of setting the building alight.
What Are the Common Attempt Crimes in Nevada and Their Associated Penalties?
In Nevada, there are several crimes where an attempt to commit them can lead to serious legal consequences. These consequences are further compounded if a deadly weapon was used during the attempt or if the intended victim was sixty years or older. In such cases, offenders can face additional penalties ranging from 1 to 20 years, though this extra penalty cannot exceed the sentence for the attempted crime itself. Below is an expanded overview of some common attempt crimes in Nevada, along with their statutory references:
Attempted Murder (NRS 200.030): This involves taking substantial steps toward the intentional killing of another person. Given its severity, attempted murder is treated with significant penalties.
Attempted Rape (NRS 200.366): Attempting to engage in sexual assault or rape involves actions that demonstrate a clear intent to commit the act without the consent of the victim. This category of crime is taken very seriously, with stringent repercussions.
Attempted Robbery (NRS 200.380): This encompasses actions toward unlawfully taking property from another, using force or fear, without completing the act. The attempt itself can result in legal penalties close to those for completed robbery.
Attempted Shoplifting (NRS 205.220, NRS 205.240): Actions that demonstrate a clear intent to unlawfully take goods from a retail establishment, even if not successful, fall under this crime. Attempted shoplifting carries its own set of penalties, which can be severe depending on the value of goods involved and other circumstances.
The imposition of additional penalties for using a deadly weapon or targeting an older victim emphasizes Nevada’s stance on protecting its citizens and upholding law and order. Each of these crimes reflects actions that, although not fully realized, demonstrate a clear intent to break the law, which the state of Nevada punishes accordingly.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.